What is Public Intoxication in Texas?

public intoxication laws in Texas

Public intoxication under 49.02 explains that a person who commits an offense, if the individual appears at a public place and intoxicated degree could take the person in danger and could impact the other persons (Jarvis, Kincaid, Weltge, Lee, & Basinger, 2019). Intoxicated is considered not having the normal use of physical and mental capabilities and it is caused by an extra dose of alcohol, drug, or any dangerous drug that would reduce the mental capability of the individual. The person who has an alcohol concentration of more than 0.08 also could not maintain his condition and is considered intoxicated. An offense under this section is considered a C misdemeanor. 

Public intoxication Laws in Texas 

A person who is considered guilty of Class C shall be penalized with more than $500 and in case of a minor, the punishment is also $500 for the use of alcohol. The individual charged with public intoxication could tempt to pay a fine and move on in life, but it is considered that is the high dosage of alcohol or any drug is suitable for the individual? When individuals are arrested for public intoxication it is decided to take them for a medical or blood test and the standard of arresting the individual is based on this test.

Public Intoxication in Texas 

To make sense of public intoxication in Texas is being influenced by the intoxication law and it includes that prescription drugs and over counter medications could cause intoxication. The charge of public intoxication needed that individual used that degree of drugs that is dangerous for her or himself. Public intoxication could make a person vulnerable to robbery and do increase different events in society. The driving of an intoxicated person could also be harmful to other passengers as well as for the driver himself (McNamara & Quilter., 2015). Mostly, it is considered that individuals charged with public intoxication are arrested to spend at least six hours in jail and police officers could use different kinds of procedures to release the individual after certifying proper responsibility of individual by a responsible citizen. In some cases, individuals are supposed to be arrested due to public intoxication that requires cash bailment before releasing the jail and the bail is considered a security against him releasing the individual with a promise not to do it again and would appear in court when he is called for hearing. All individuals are considered innocent and have not committed any offense until it is proved by the court. If the individual considered that he is not guilty, he could enter a plea. The decision could be made after proceedings and give a probation period of not more than 180 days. At the end of the probation, all the evidence is compiled and represented in the court that is based on the decision of the judge to dismiss it or not. In most cases, judges grants deferred adjudication and grant 6-month probation with an alcohol education workshop.


Texas law explains that a person who loses mental capability due to extra use of Alcohol or any drug is considered as public intoxication PI. The appearance of the PI in public places is considered dangerous for society and therefore it is not considered appropriate and ethical to live in a society. Therefore, public intoxication law source is implemented strictly and that it is helpful to overcome the use of drugs and alcohol in the young generation and individual involved in such activity must be fined with $500 and it is also equal for the minor. If an individual got arrested in public intoxication case he must proceed with proper dealing with court and sometimes individuals got released after getting bailment. 


Jarvis, S. V., Kincaid, L., Weltge, A. F., Lee, M., & Basinger, S. F. (2019). Public intoxication: sobering centers as an alternative to incarceration, Houston, 2010–2017.”. American journal of public health, 109 (4), 597-599.McNamara, L., & Quilter., J. (2015). Public intoxication in NSW: The contours of criminalisation.”. Sydney L. Rev, 37 (1), 1.

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